Rajasthan High Court
Pradeep Kumar S/O Shri Swaroop ... vs State Of Rajasthan on 9 July, 2021
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 205/2021
In
S.B. Civil Writ Petition No.218/2021
Pradeep Kumar S/o Shri Swaroop Chand Sharma, aged about 32
Years, resident of DF-233, Ward No. 4, Firozpur Jhirka, District
Nuh Mewat (Haryana)
----Appellant-Writ Petitioner
Versus
1. State of Rajasthan, through Principal Secretary,
Department of Mines and Geology, Secretariat, Jaipur
(Raj.)
2. Additional Director (Mines), Department of Mines and
Geology, Kota Zone, Kota (Raj.)
3. Mining Engineer, Department of Mines and Geology,
Bharatpur (Raj.)
----Respondents-None Petitioners
For Appellant(s) : Shri Anurag Sharma with
Shri Harsh Sharma
For Respondent(s) : Shri Jaivardhan Singh Shekhawat for
Shri (Major) R.P. Singh, AAG
through VC
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment
09/07/2021
(PER HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL):
Although, the matter comes up on an application filed by the
respondents under Article 226(3) of the Constitution of India
seeking vacation of the interim order dated 25.2.2021; but, on the
(2 of 4) [SAW-205/2021]
request of the learned counsel for the respective parties, the intra
court appeal itself was heard on merit.
This intra court appeal has been preferred by the appellant
against the order dated 9.2.2021 whereby, the writ petition
no.218/2021 filed by him against the order dated 22.12.2020
passed by the Mining Engineer, Bharatpur (for short-`the ME')
raising a demand of Rs.6,28,62,500 towards penalty and
compound charges, has been dismissed.
The facts in brief are that the appellant is a lease holder for
mining of masonry stone for an area measuring 1 hectare near
Village Dholat, Tehsil Pahari, District Bharatpur. He received a
show cause notice dated 10.11.2020 issued by the ME containing
allegation that the illegal mining was found to be carried out
beyond the lease area. Vide order dated 22.12.2020, impugned in
the writ petition, the ME imposing penalty of Rs.6,28,42,500 and
compound amount of Rs.20,000 raised a demand of
Rs.6,28,62,500 against the petitioner for illegal mining. The writ
petition preferred by the appellant against the order impugned has
been dismissed by the learned Single Judge imposing a cost of
Rs.10 lacs.
Learned counsel for the petitioner, drawing attention of this
Court towards the dispatch register (Annexure-6), submitted that
the show cause notice dated 10.11.2020 was dispatched as late as
on 4.12.2020 which was received by him on 10.12.2020. He
submitted that disputing and denying the allegation levelled in the
show cause notice, petitioner submitted the reply dated
23.12.2020 which was received in the office of the ME on
24.12.2020 i.e. within the stipulated thirty days from the date of
receipt of show cause notice; but, the ME passed the impugned
(3 of 4) [SAW-205/2021]
order dated 22.12.2020 before the expiry of the 30 days
observing that the show cause notice was not responded to by the
appellant. Learned counsel submitted that the learned Single
Judge, while rejecting the writ petition, did not appreciate the
aforesaid aspect. With regard to rejection of the writ petition on
the ground of availability of alternative remedy, learned counsel
relying upon the judgement of Hon'ble Apex Court of India in the
case of Whirlpool Corporation vs. Registrar of Trade Marks,
Mumbai-(1998) 8 SCC 1 and a Division Bench judgement of this
Court in the case of Ambuja Cements Ltd. vs. State of Rajasthan
dated 2.4.2019, submitted that since the order dated 22.12.2020
was in violation of the statutory provisions as well as in violation
of principles of natural justice, he was well within his right to
invoke extraordinary jurisdiction of this Court under Article 226 of
the Constitution of India without availing the alternative remedy.
He, therefore, prayed that the order dated 9.2.2021 passed by the
learned Single Judge be set aside and the writ petition be allowed.
Indisputably, under the show cause notice dated 10.11.2020,
the appellant had 30 days' time to submit his response; but, as it
was dispatched on 4.12.2020 and received by the appellant on
10.12.2020, the order impugned came to be passed before the
expiry of period of 30 days from the date of receipt resulting into
omission of the consideration of reply dated 23.12.2020. This has
resulted into violation of the principles of natural justice.
Confronted with the aforesaid situation, learned counsel appearing
for the respondents, in all his fairness, submitted that the matter
requires reconsideration by the ME as the order dated 22.12.2020
came to be passed in ignorance of the reply submitted by the
appellant to the show cause notice.
(4 of 4) [SAW-205/2021]
Accordingly, this special appeal is allowed. The order dated
9.2.2021 in writ petition no.218/2021 as also the order dated
22.12.2020 passed by the Mining Engineer, Bharatpur are quashed
and set aside. The matter is remanded back to the Mining
Engineer, Bharatpur who shall pass the order afresh after
appreciating the reply submitted by the appellant and affording
him an opportunity of personal hearing.
The pending applications also stand disposed of.
(MAHENDAR KUMAR GOYAL),J (SANGEET LODHA),J
RAVI SHARMA /80
Powered by TCPDF (www.tcpdf.org)
